Dr. Purushottam Prakash Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Dr. Purushottam Prakash Singh Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of with directions: petitioner to file a detailed representation before the Registrar, Magadh University, Bodh Gaya and the Registrar, Patliputra University, Patna, enclosing the order dated 01.05.2023 passed in C.W.J.C. No.11221 of 2017, within four weeks; both Registrars to dispose of the representation by speaking and reasoned order after affording ample opportunity of hearing, within ten weeks thereafter; on failure of compliance within the stipulated period, both Registrars to be personally liable.

Issue for consideration

Whether the petitioner's matter in issue stands squarely covered by the order dated 01.05.2023 passed in C.W.J.C. No.11221 of 2017 by a co-ordinate Bench of this Court, such that the present writ application may be disposed of on that basis.

Court's answer

On consensus at the Bar, the Court accepted that the matter in issue is squarely covered by the order dated 01.05.2023 passed in C.W.J.C. No.11221 of 2017 by a co-ordinate Bench of this Court.

Ratio / Principle

Considering the fact aforesaid, the writ application is disposed of with a direction to the petitioner to file a detailed representation before the Registrar, Magadh University, Bodh Gaya and the Registrar, Patliputra University, Patna.

Key takeaways

The petitioner is to enclose the order dated 01.05.2023 passed in C.W.J.C. No.11221 of 2017 with the representation within a period of four weeks.ratio¶21
Both the Registrars are directed to dispose of the representation of the petitioner by speaking and reasoned order, after affording ample opportunity of hearing to the petitioner, within a period of ten weeks thereafter.ratio¶21
It is made clear that if the order is not complied with within the stipulated period, both the Registrars shall be personally liable for non-compliance of the order.

Detailed headnote1 paragraphs

CWJC No.1153 of 2019 (Patna High Court, oral order dated 24-06-2024, Anjani Kumar Sharan, J). The writ application of Dr. Purushottam Prakash Singh against the State of Bihar (Education Department) and the Vice Chancellor/Registrar, Magadh University, Bodh Gaya and the Vice Chancellor, Patliputra University was disposed of on the strength of consensus at the Bar that the matter in issue is squarely covered by the order dated 01.05.2023 passed in C.W.J.C. No.11221 of 2017 by a co-ordinate Bench of the same Court. Directions issued: the petitioner was directed to file a detailed representation before the Registrar, Magadh University, Bodh Gaya and the Registrar, Patliputra University, Patna, enclosing the order dated 01.05.2023 in C.W.J.C. No.11221 of 2017, within four weeks; both Registrars were directed to dispose of the representation by speaking and reasoned order after affording ample opportunity of hearing to the petitioner within ten weeks thereafter; and it was made clear that non-compliance within the stipulated period would render both Registrars personally liable. No substantive adjudication of the underlying grievance was undertaken by this Court.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1153 of 2019

======================================================

Dr. Purushottam Prakash Singh Son of Bal Govind Prasad Singh Resident of Main Road, Budha Colony, Near Kunj Apartment, P.S. Budha Colony, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar through Principal Secretary, Education Department, Govt. of Bihar, Patna.

The Principal Secretary, Education Department, Govt. of Bihar, Patna

The Director, Higher Education Department, Govt. of Bihar, Patna.

The Vice Chancellor, Magadh University, Bodh Gaya

The Registrar, Magadh University, Bodh Gaya

The Vice Chancellor, Patliputra University, Patna.

... ... Respondent/s

====================================================== Appearance : For the Petitioner : Mr. Diwakar Yadav, Advocate For the State : Smt. Shilpa Singh, GA-12 For the Patliputra University : Mr. Rana Vikram Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

10 24-06-2024

Heard learned counsel for the petitioner and learned

counsel for the respondents.

There is consensus at the Bar that the matter in issue is squarely covered by the order dated 01.05.2023 passed in C.W.J.C. No.11221 of 2017 passed by a co-ordinate Bench of this Court.

Considering the fact aforesaid, this writ application is disposed of with a direction to the petitioner to file a detailed representation before the Registrar, Magadh University, Bodh Gaya and the Registrar, Patliputra University, Patna enclosing

Patna High Court CWJC No.1153 of 2019(10) dt.24-06-2024 2/2

the order dated 01.05.2023 passed in C.W.J.C. No.11221 of 2017 within a period of four weeks from today and both the Registrars are directed to dispose of the representation of the petitioner by speaking and reasoned order, after affording ample opportunity of hearing to the petitioner, within a period of ten weeks thereafter.

It is made clear that if this order is not complied within the stipulated period both the Registrars shall personally liable for non-compliance of this order.

(Anjani Kumar Sharan, J)

Trivedi/-

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